Legal Question in Wills and Trusts in California
death
my sisterlived with a man for16yrs and he died does she have any right to the home or other assets his children live in new zealand with no contact for over 5yrs
Asked on 4/27/09, 10:37 pm
1 Answer from Attorneys
Phunphilas Viravan
Law Offices of Phunphilas Viravan
Re: death
California does not recognize common law marriage. Unless he named her in his Will or Trust, nothing would pass to your sister. If he died intestate (without a Will), was unmarried at the time of his death, and has children, then his assets would pass to his children in equal shares.
Your sister may have a claim against the Estate if she contributed to the mortgage, improvements to the house, or the purchase of personal assets, but this would depend on the circumstances and the intent of the parties.
Answered on 4/28/09, 2:41 am